RENUKA JAYAPAL Vs. KERALA STATE HOUSING BOARD

JUDGEMENT

(1.) The concept of the State has changed radically in recent years and it could no longer be looked upon as "a coercive machinery welding the thunderbolt of authority." The State is expected to undertake and render services for the welfare of the people. The State is an abstract agency and acts through its instrumentalities and agencies of natural or juridical persons. The parameters of statutory and also executive powers fall in the spheres of constitutional as also administrative law and assume special and wide significance in modern welfare state which is committed to egalitarian values and is dedicated to the rule of law. As the regulator and dispenser of benefits and special services, the activities of the state and public authorities thereunder represent one important and special feature; the authority must be rigorously held tight to the standards by which it professes to be judged and any deviation would inevitably and necessarily render acts of the authorities invalid.

(2.) To provide for the organised direction and planning in the preparation and execution of housing and improvement scheme, the Kerala State Housing Board Act 1971 was enacted. The Housing Board is a Body Corporate with perpetual succession and a common seal. The Board functions through its committees in accordance with the provisions of Chapters V and VI of the Act and housing - improvements schemes are prepared and executed under Chapter VII of the Act. S.55 of the Act provides for publication of a sanctioned scheme. Then it is to be executed and implemented for the requirement of the people. The provisions of the Act are implemented by rules and regulations made under S.161 and 162 of the Act. For the purposes of the present proceedings, reference to power to make Regulations (S.162) would be sufficient. For the purpose of giving effect to the provisions of the Act, regulations are made for the management, reservation in allotment, use and regulation of dwelling house and plots under any housing and improvement scheme, under S.162(2)(h) of the Act. This requires approval and confirmation by the State Government [See S.162 (3)].

(3.) The Kerala State Housing Board (Allotment of House or site and Constitution of Committees) Regulation.1976 (hereinafter referred to as the "Rules") are enacted under Notification dated 8.4.1976 for regulating the procedure for allotment of houses and sites under any schemes of the Board. The regulations are approved and confirmed by the State Government, under S.162(3) of the Act. The regulations enact the basis of allotment in Regulation No. 12 in the following provision: